Terms of Use
Effective Date: January 27, 2021
Acceptance of terms of use and amendments
Each time you use or cause access to this Site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. Please read the site’s Privacy Policy, which is incorporated within these Terms of Use by reference.
This Site and the services provided to you are provided on an “AS IS” basis. You agree that YEB II LLC (Yum Emerging Brands II LLC) | Banh Shop (“Banh Shop”) reserves the right to modify or discontinue this Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Banh Shop will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Your responsibilities and registration obligations
In order to use this Site or certain parts of it, you may be required to register for a user account on this website; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this Site’s Terms of Use, including any amendments made by Banh Shop that are published herein.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Banh Shop is not responsible for third party access to your account that results from theft or misappropriation of your account. Banh Shop and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Privacy policy
Registration data and other personally identifiable information the Site may collect is subject to the terms of Banh Shop’s Privacy policy.
Your conduct
You agree that all information or data of any kind (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. Banh Shop will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.
By using this Site or any service provided, you explicitly agree that:
you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
you will not collect or harvest any information about other users;
you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without Banh Shop’s prior written consent;
you will not provide any content that may give rise to Banh Shop being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
Submission of content on this Site
By providing any content to this Site:
you agree to grant Banh Shop a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Banh Shop the license specified in this section;
you acknowledge and agree that Banh Shop will have the right (but not obligation), at Banh Shop’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
Refunds and returns
Banh Shop does not offer returns or refunds for goods or gift cards. Please contact us at Contact@BanhShop.com if you have any questions.
Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Banh Shop will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
Indemnification
You agree to indemnify and hold harmless Banh Shop and Banh Shop’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or in connection with this Site or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND BANH SHOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BANH SHOP MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER BANH SHOP NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT BANH SHOP WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BANH SHOP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BANH SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THIS SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, Banh Shop is not permitted to limit liability and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, Banh Shop’s maximum liability shall be limited to $100.00.
Reservation of rights
Banh Shop reserves all of Banh Shop’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Banh Shop may have in respect of this Site, its content, and goods and services that may be provided. The use of Banh Shop’s rights and property requires Banh Shop’s prior written consent. By making services available to you, Banh Shop is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or services or any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that Banh Shop may have with respect to this Site without Banh Shop’s prior written consent.
Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact Banh Shop at:
PO BOX 6030, McKinney, TX 75071
Attn: General Counsel
Applicable law
You agree that these Terms of Use and any dispute arising out of your use of this Site or products or services provided will be governed by and construed in accordance with the laws of the state of Texas. By using this website, you accept that jurisdiction is granted to the courts of Texas located in Tarrant County, and that any disputes will be heard by said courts.
Miscellaneous information
(i) In the event that any provision of these Terms of Use is deemed to conflict with any law by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s rights, and the said rights will remain in full force and effect; (iii) You agree that any claim or cause in respect of this Site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary law, if allowed by law; (iv) Banh Shop may assign Banh Shop’s rights and obligations under these Terms of Use; in this event, Banh Shop will be relieved of any further obligations.
Contact Information:
YEB II LLC (Yum Emerging Brands II LLC) | Banh Shop
PO BOX 6030, McKinney, TX 75071
Contact@BanhShop.com